Refusing to supply info requested

greenspun.com : LUSENET : Repossession : One Thread

Background - I am being pursued for shortfall on a property I had on mortgage from the Britannia. The repossession took place in 1991. The property was rented out, with the knowledge of the Building Society. The tenant disappeared taking everything - kitchen, radiators, bathroom! I informed the Britannia of the situation and also claimed under building insurance but when I sent the builder round the locks had been changed. The house had been repossessed. I received no notice, I believe it was served to me at the property and not my correspondence address. Unfortunately I now have no correspondence in the matter at all. I am being pursued by Hammond Suddards Edge and have just served SARN and asked for copies of documents (as you recommend).

Current situation - they have refused to supply any information requested. They want I&E completed and returned before 24/04 and say they will "issue proceedings without further notice irrespective of further queries raised". They claim they have "sufficient information to substantiate the debt before the courts...".

Should I write back and insist they produce the information, or at least inform me where I can obtain it? Advice please, thanks.

-- Amanda Watkin (amandawatkin@hotmail.com), April 13, 2001

Answers

The building society would have to have gone to court to gain possesion it all depends if they had an address to serve papers on you for the reposession. If they had an address but failed to use it there is good grounds for a heafty counterclaim. Before any court action there has to be a summons issued and a 'Disclosure' phase. I would suggest that if they had a case they would make all efforts to convince you that the claim is just. This is bullying tactics of the worst kind and a strong letter of complaint and a statment that you hold them responsible for any and all costs incured resulting from your investigations. This is due to their lack of ability to produce any information. I would send them an invoice for costs every month giving 1 month to pay. If nothing is forcomming send them a warning that you intend to take them through the County Courts. This is simple to do and only costs 30 odd. Turn the tables on them.

Good Luck

Jon S

-- Jon S (jsapsford@talk21.com), April 13, 2001.


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